N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-5.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7-5.12 - Water supply

(a) An agricultural fairground served by an off-site public water system (as defined in Subpart 5-1 of this Title) must comply with the requirements of subdivisions (d)(1), (3)-(5), (d)(6)(i), (iii), and (iv), (d)(7), (e)-(g) (excluding source water and nitrate/nitrite monitoring), (h), (i), (j)(2), (k)-(m) of this section.

(b) An agricultural fairground served by a nonpublic agricultural fairground water system must comply with those requirements of Subpart 5-1 of this Title that apply to noncommunity water systems and subdivisions (c), (d)(1)-(4), (d)(6)-(7), (e)-(m) of this section. The agricultural fairground owner shall ensure that the agricultural fairground's water supply complies with all applicable requirements.

(c)Source water.

(1) The only permissible water sources shall be those taken from a ground water aquifer (ground water source) and developed in accordance with paragraph (d)(3) of this section; provided, however, an admixture of ground water and surface water or water exposed to the ground surface is not permitted. Shallow well points and dug wells are prohibited.

(d)Planning, siting, treatment and approval.

(1) Siting: Before an agricultural fairground owner initiates construction of a new agricultural fairground water system, the owner shall notify the permit-issuing official and, to the extent practicable, given the topography of the fairground and generally accepted engineering practice, avoid locating part or all of the agricultural fairground water system at a site which:

(i) is subject to a significant risk from earthquake, fire or any other potentially catastrophic event; or

(ii) is within the floodplain of a 100-year flood or is lower than any recorded high tide in the vicinity of the agricultural fairground.

(2) A nonpublic agricultural fairground water system shall be designed, constructed, located and protected from existing or potential sources of contamination in a manner approved by the permit-issuing official. All nonpublic agricultural fairground water sources shall be located upgradient of potential sources of contamination and the minimum separation distances between any potential source of contamination and a potable water source shall be as follows:

Potential Contamination Source	Minimum Distance from Potable Water Source (in feet)
Waste Water Treatment System
Absorption Field Seepage Pit	100¹ 150¹
Barnyard, Silo, Barn, Gutter, Animal Pen; including any animal waste storage and handling area	100

____ ¹ When sewage treatment systems are located in coarse gravel, the closest part of the treatment system shall be at least 200 feet away from the well.

(3) Approval of plans and completed works.

(i) No agricultural fairground owner shall make, install or construct, or allow to be made, installed or constructed, an agricultural fairground water system or any addition or deletion to or modification of an agricultural fairground water system until the plans and specifications for such system, or any addition or deletion or modification of such system, have been submitted to and approved by the permit-issuing official.

(ii) Recommended Standards for Water Works, 1997 edition, published by Health Research Inc., P.O. Box 7126, Albany, NY 12224 available for public inspection at the offices of the records access officer of the New York State Department of Health, Empire State Plaza, Corning Tower, Albany, NY 12237, shall, in their entirety, be the basis on which all plans and specifications for agricultural fairground water systems will be reviewed and approved. The department may allow deviations from these standards in accordance with procedures and criteria established by the commissioner.

(iii) The permit-issuing official may approve such plans or require such modification as is necessary to protect public health or safety. Application for plan approval shall be made on a form prescribed by the permit-issuing official.

(iv) An agricultural fairground owner shall receive written approval from the permit- issuing official before placing into service any agricultural fairground water system made, installed, constructed, expanded, reduced or modified pursuant to this section.

(4) Reporting emergencies - interruptions, changes in sources or treatment. The agricultural fairground owner shall report, or ensure that a person acting on his or her behalf reports, any incident or condition which affects, or may affect, the quantity or quality of the agricultural fairground water supply to the permit-issuing official as soon as possible but in any event no later than 24 hours from the occurrence. There shall be no change made to the source, or method of treatment, of the potable water supply, either temporary or permanent, without first receiving written approval from the permit-issuing official. An adequate supply of potable water must be provided and maintained during all times of agricultural fairground operation.

(5) Adequacy of distribution system. The agricultural fairground owner shall ensure that the agricultural fairground water system is maintained and operated to assure a minimum working pressure of 20 pounds per square inch at ground level at all points in the distribution system. Measurements of pressure shall be obtained from representative points of use.

(6) Providing treatment for agricultural fairground water systems. The agricultural fairground owner shall provide such treatment as necessary to deliver to the consumer a water conforming to the requirements of this section.

(i) Every agricultural fairground water distribution system shall have the capability to provide disinfection for the purpose of annual start-up and/or booster chlorination.

(ii) Minimum treatment for a ground water source shall be disinfection by chlorination in a manner which is adequate to destroy harmful microorganisms and approved in writing by the permit-issuing official. Other disinfection methods the State Commissioner of Health has determined in writing to be of comparable effectiveness shall be permitted.

(iii) The free chlorine residual disinfection concentration in the water entering the distribution system cannot be less than 0.2 milligram per liter (mg/l) for more than four hours.

(iv) Any on-site disinfection system must have redundant components to ensure continuous disinfection. Auxiliary power with automatic start and alarm is required at all disinfection facilities where a power outage would result in a loss or reduction in the ability of the system to maintain a disinfection concentration as required by this Subpart.

(7) Campgrounds water supply.

(i) Potable water shall be readily available, easily accessible and in a quantity capable of providing at least 55 gallons per day per campsite, which includes water use for toilets, handwashing, showers and individual campsite food preparation and clean-up.

(ii) Potable water shall be provided within 250 feet of all campsites. One water spigot with a soakage pit or other disposal facilities shall be provided for each 10 campsites not provided with individual spigots on the campsites.

(e)Annual start-up.

The agricultural fairground owner must ensure and confirm in writing to the permit-issuing official that the following actions have been taken with respect to the agricultural fairgound water system, 15 days prior to the opening of the first event for which the water supply is utilized each year:

(1) All water mains that are not subject to continuous water use shall be adequately flushed and coliform samples shall be collected in accordance with paragraph (g)(1) of this section.

(2) All water mains that are not subject to continuous water use shall be disinfected by:

(i) completely filling the main to remove all air pockets, flushing the main to remove particulates, and filling the main with potable water. The potable water shall then be chlorinated by feeding liquid hypochlorite at a constant rate such that the water will not have less than a 25 mg/l free chlorine residual throughout the agricultural fairground water system. After a 24-hour holding period there must be a free chlorine residual of not less than 10 mg/l throughout the agricultural fairground water system; or

(ii) using a disinfection method the State Commissioner of Health has determined in writing to be of comparable effectiveness.

(3) Free chlorine residual disinfection concentrations shall be measured for the two days immediately following the completion of the main disinfection, as prescribed in paragraph (2) of this subdivision, at representative points in the distribution system, to ensure chlorine residuals of not less than 0.2 mg/l.

(4) All existing distribution systems shall be surveyed to ensure there are no physical connections between the potable water supply and any nonpotable water supply, and any nonpotable water supply shall be conspicuously labeled as a nonpotable supply.

(5) Any connection to the potable water supply without an air gap shall have at a minimum an anti-siphon valve or vacuum breaker or additional protection sufficient to address the degree of hazard.

(f)Prior to individual event start-up.

The agricultural fairground owner must ensure, and confirm in writing, in a monthly operation report to the permit-issuing official, that the following actions have been taken with respect to the agricultural fairground water system:

(1) All portions of an agricultural fairground water system that are not subject to year- round water use shall maintain a minimum of a.2 mg/l free chlorine residual at representative points throughout the distribution system for at least the two days prior to the opening of each event at the agricultural fairground.

(2) Additional flushing may be required at the discretion of the permit-issuing official when he or she has reason to believe that the chlorine residual has diminished, and the potential exists for a total coliform and/or E. coli violation as set forth in paragraph (g)(1) of this section or a contaminant may present a risk to public health.

(g)Maximum contaminant levels (MCLs) and monitoring frequency.

(1) The agricultural fairground owner must monitor the agricultural fairground water system and ensure its compliance with the MCLs as set forth below:

Nitrate, Nitrite, Total Nitrate and Nitrite, and Microbiological Maximum Contaminant Levels and Monitoring Requirements

Contaminant	MCL	Monitoring Requirements Ground Water
Nitrate	10 mg/l (as Nitrogen)	One sample per entry point per year (nonpublic agricultural fairground water system only)
Nitrite	1 mg/l (as Nitrogen)	One sample per entry point (nonpublic agricultural fairground water system only)
Total Nitrate and Nitrite	10 mg/l (as Nitrogen)	Separate samples not required. Total of above samples (nonpublic agricultural fairground water system only)
Total Coliform	Any positive sample	Nonpublic Agricultural Fairground Water System
Prior to first event of the season:
* At all sources and at representative points in the distribution system.¹
During each fairground's operating year, monthly:
* At representative points in the distribution system.
During the County Fair held at the fairground, daily (except for the last 2 days of the event):
* At representative points in the distribution system.
Off-site Public Water System
Prior to first event of the season:
* At representative points in the distribution system.¹
Escherichia coli (E. coli)	Any positive sample	Any routine total coliform sample or repeat total coliform sample that is coliform positive must be analyzed for Escherichia coli (E. coli)
Total Trihalomethanes (TTHM)	0.1 mg/l	Permit-issuing official's discretion²

____

¹ Samples must be collected no more than 28 days prior to the first event of the season and the analytical results from those samples must be submitted in writing to the permit-issuing official no less than 14 days prior to the first event.

² Permit-issuing official's discretion means that the permit-issuing official may require monitoring when he or she has reason to believe that the MCL has been violated, the potential exists for an MCL violation or the contaminant may present a risk to public health.

(2) Free chlorine residual disinfection concentrations shall be measured:

(i) prior to each individual event at representative points in the distribution system; and

(ii) daily during each individual event at representative points in the distribution system.

(3) Additional monitoring may be required at the discretion of the permit-issuing official, if the official has reason to believe that an MCL has been violated, the potential exists for an MCL violation or a contaminant may present a risk to public health.

(4) The agricultural fairground owner must submit in writing to the permit-issuing official a monitoring plan for the agricultural fairground water system at least 30 days prior to the opening of the first event of the year. This plan must include a detailed map of all sample locations with a description of each sample point.

(h)Approved laboratories.

(1) For determining compliance with this Subpart, only results of analyses performed by an environmental laboratory approved in accordance with Subpart 55-2 of this Title may be considered.

(2) The agricultural fairground owner shall require the approved environmental laboratory performing such analyses to send laboratory results directly to the permit-issuing official and in a manner prescribed by the permit-issuing official.

(i)Cross-connection control.

(1) There shall be no physical connection between the agricultural fairground potable water supply and any nonpotable water supply. Any nonpotable source of water must be adequately separated from a potable supply and conspicuously posted as nonpotable water. Any connection to the agricultural fairground water system without an air gap shall have at a minimum an anti-siphon valve or vacuum breaker. The permit-issuing official may require additional protection from back-siphonage and/or back-pressure sufficient to address the degree of hazard.

(j) Protection and supervision of agricultural fairground water systems.

(1) An agricultural fairground owner shall exercise due care and diligence in the maintenance and supervision of all sources of the agricultural fairground water system to prevent its contamination or depletion.

(2) An agricultural fairground owner operating an agricultural fairground water system shall exercise due care and diligence in the operation and maintenance of water system facilities and their appurtenances to ensure continued compliance with the provisions of this Subpart. Facilities approved by the permit-issuing official shall be operated in accordance with their design.

(k)Operation of an agricultural fairground water system.

(1) The agricultural fairground owner shall employ the appropriate grade of operator to operate the agricultural fairground water system in accordance with the designation of an agricultural fairground water system type listed below:

Agricultural fairground water system type	Required minimum operator grade¹
Agricultural fairground water system with on-site groundwater treatment (i.e., filtration and disinfection)	IIB
Agricultural fairground water system with on-site disinfection	C
Purchases water from a public water system as defined in Subpart 5-1.1 of this Title	D

____

¹ Requirements as set forth in Subpart 5-4 of this Title.

(i) The person or persons in charge of the operation of such agricultural fairground water system shall be certified in accordance with the requirements for the certification of community and nontransient noncommunity water system operators as prescribed in Subpart 5-4 of this Title.

(ii) An agricultural fairground owner shall keep complete daily records of an agricultural fairground water system when in operation, on forms provided or approved by the department. Copies of such records shall be sent to the permit-issuing official by the 10th calendar day subsequent to each month of operation. These records shall include the results of all tests, measurements or analyses required to be made by this Subpart or requested or ordered by the permit-issuing official.

(l)Bulk and bottled water supplies.

(1) Bulk water shall not be used at an agricultural fairground for consumptive or culinary purposes unless such use is expressly permitted by the permit-issuing official. Bulk water supplies, if permitted, shall contain a minimum free chlorine residual of 0.5 mg/l, and shall be secured, transported and transferred by a certified bulk water hauler in accordance with Subpart 5-6 of this Title.

(2) Neither the owner of an agricultural fairground, nor any operator of a food service establishment at an agricultural fairground, shall sell, offer for sale or deliver bottled water for human consumption, food preparation or culinary purposes unless the bottled water is certified by the Commissioner of Health in accordance with Subpart 5-6 of this Title.

(m) Drinking fountains at an agricultural fairground shall be of adequate sanitary design and construction.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-5.12

Amended New York State Register May 16, 2018/Volume XL, Issue 20, eff. 5/16/2018